IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


^<.. 


4.^, 


V   «?x 


1.0 


I.I 


11.25 


[f:  Ilia 


IM 
1.8 


U     II  1.6 


V] 


<^^ 


/: 


*  / 


y 


Photographic 

Sciences 
Corporation 


■iJ  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


i^s 


{<"^ 

•^  ^,^ 


'^. 


& 


W 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  institut  canadien  de  microreproductions  historiques 


'^ 


O 


<^ 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


n 


D 


D 


n 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag6e 


Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicul6e 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  giographiquas  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i  e.  autre  que  bleue  ou  noire) 


r~~|    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omittod  from  filming/ 
II  se  peut  que  cartaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte.. 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  At6  fiimies. 

Additional  comments:/ 
Commentaires  suppl^mentaires; 


L'Institut  a  microfiimi  le  meilleur  exemplaire 
qu'il  lui  a  4t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


I      I    Coloured  pages/ 


0 


n 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommag^es 


I      I    Pages  restored  and/or  laminated/ 


Pages  restauries  et/ou  peilicuiies 

Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolordes,  tachet^es  ou  piqu6es 


I      I    Pages  detached/ 


Pages  ddtachies 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualiti  inigale  de  I'impression 

Includes  supplementary  materit 
Comprend  du  materiel  supplimentaire 

Only  edition  available/ 
Seule  6dition  disponible 


FT]  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I — I  Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6x6  filmies  6  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  rMuction  indiquA  ci-dessous. 

10X  14)1  18X  22X 


12X 


16X 


/ 


20X 


26X 


24X 


28X 


32X 


tails 

du 
Ddifier 

une 
fnage 


Th«  copy  filmed  her*  ha«  baan  raproducad  thanks 
to  tha  ganarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Tha  imagas  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  Itaaping  with  tha 
filming  contract  spacifications. 


L'axamplaira  film*  fut  raproduit  grAca  A  la 
g4nArositi  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Las  imagas  suivantas  ont  tt6  raprodultas  avac  la 
plus  grand  soiri,  compta  tanu  da  la  condition  at 
da  la  nattatA  da  l'axamplaira  filmi,  at  an 
conformity  avac  las  conditions  du  contrat  da 
filmaga. 


irrata 
to 


pelura, 
n  d 


n 

32X 


Original  copias  in  printad  papar  covars  ara  filmad 
beginning  wit^  tha  front  covar  and  anding  on 
tha  last  piga  wii^h  a  printad  or  illustratad  impras- 
sion,  or  tha  bacl<  covar  whan  appropriate.  All 
othar  originaS  cjpias  ara  filmad  beginning  on  tha 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »■  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

M<«ps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  cornet,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


[  ■ 

1 

2 

3 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprlmAe  sont  filmAs  en  commenpant 
par  la  premier  plat  at  an  tsrminant  soit  par  la 
darnlAre  pege  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autres  exemplaires 
originaux  sont  filmis  en  commen^ant  par  la 
premiAre  page  qui  comporte  une  emp/einte 
d'impression  ou  d'illustration  at  en  terminant  par 
la  darniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  irnage  de  cheque  microfiche,  selon  le 
cas:  le  symbols  —^  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  rMuction  diffirents. 
Lorsque  le  document  est  trop  grand  pojr  Atre 
reproduit  en  un  seul  cliche,  il  est  film*  £  partir 
de  Tangle  sup^rieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n^cessaira.  Las  diagrammes  suivants 
illustrent  la  m^thode. 


1 

2 

3 

4 

5 

6 

icf 


I 


*- 


(^yyoxt/uvest 
CoUectio/v 


IT 


SPEECH 


OF 


MR.  ALLEN  G.  THURMAN,  OF  OHIO, 


ON 


THE  OREGON  QUESTION. 


'It 

H 


Delivered  in  the  House  of  Representatives,  U.  S.,  January  28,  1846. 


WASHINGTON: 

/.  4b  G.  S.  GIDEON,  PRINTERS. 
1846. 


%0? 


SPEECH 


Til"  House  \'t\nc:  in  Committfe  of  the  Whole  on  tlic  stntc  of  ih^  Union,  nT.fl  tho  rrsiilution 
rfjpfiited  i)y  tiic  Coinniiuec  mi  Foreign  Ilekiluni.s,  providnii;  for  in"  !ii»rni;iiiio)i,  liy  ;i  Moticf  to 
Greai  Britain,  (pf  til': ''oiiveiit'oii  (jf  Aujrnst  (iiii,  1"^•J7.  lietwii'ii  CJrtv\t  Biiiaiii  and  the  U.-iitfd 
Stotos,  l.iciiiir,  tdjrcthf-r  witii  ilie  proposed  ;inio:idmcnt.-;  to  s;iiJ  i-(.'.-">iji;on,  luuivr  consideration — 

Mr.THURMAX  -md: 

Mr.  Cn.Mu.'MAx:  Tlie  Uniiod  States  claim  exclusive  doniiuioii  over  llie 
whole  of  the  country  known  by  the  name  of  (heoon,  exteiiihno-  from  (he 
Rocky  mountains  to  ijie  Pacific  in  k)n<rit.i(le,  and  from  the  foiiy-second  to 
llie  fifty-fourth  degree  and  fortietli  minute  of  jiorih  huitude.  Great  Britain, 
on  the  other  hand,  a>:?erts  for  herself,  if  not  an  absolute  ownershij)  of  the 
same  country,  an  assumed  right,  at  least,  to  colonize  and  forever  retaia 
such  vacant  ])ori ions  of  it  as  she  may  see  fit  to  occu])y.  These  dillerent 
claims,  obviously  altogether  irreconcilable  with  each  other,  have  been  a 
su'oject  of  negotiation  between  the  two  governments  for  now  nearly  thirty- 
years.  The  residt  of  the  negotiations  has  been  the  formation  of  two  trea- 
ties, neither  of  which  settled  the  controversy,  or  in  any  manner  allected  die 
question  of  title.  By  the  third  article  of  die  lirst  o?  thejo  treaties!,  (the 
convention  of  ISIS.")  it  was  ajireed: 

'•  That  any  country  that  may  be  claimed  by  either  piuty  on  the  north- 
west coast  of  America,  vv'estward  of  the  .Stony  mountains,  shall,  together 
with  its  harbors,  bays,  and  creeks,  and  the  navigation  of  all  rivers  within 
the  same,  be  free  and  open,  for  the  term  of  ten  years  from  die  date  of  the 
signature  of  the  present  convention,  to  the  vessels,  citizens,  and  subjects  of 
llie  two  powers;  it  being  well  understood  that  this  agreement  i.>  not  to  be 
construed  to  the  ])rejudice  of  any  claim  which  either  of  the  two  high  con- 
tracting parties  may  have  to  any  part  of  the  said  country;  nor  shall  it  be 
taken  to  allect  (he  claims  of  any  other  power  or  slate  to  any  part  of  the 
said  country;  the  only  object  of  the  high  contracting  parties,  in  (his  re- 
spect, being  to  j^revent  disputes  and  dilferences  amongst  themselv<'s." 

These  provisions  were,  b\' the  second  treaty,  (the  conventioti  of  August 
6,  1S2T,)  "'indefinitely  extended  and  continued  in  force,''  with  the  fol- 
lowing stipulation,  however,  for  their  abrogation,  at  the  o})tioii  of  either 
party : 

''Art.  2.  It  shall  be  competent,  however,  to  eidier  of  die  contiacting 
parlies,  in  case  either  should  think  fit,  at  any  time  after  the  20lh  of  Octo- 
ber, 182S,  on  giving  due  notice  of  twelve  months  to  (he  odier  contracting 
party,  (o  annul  and  abroga(e  this  convention;  and  it  shall,  in  such  case,  be 
accordingly  annulled  and  abrogated,  after  die  expiration  of  the  said  term  of 
notice.''' 

T'he  President,  in  his  late  annual  message,  after  reciting  these  facts,  and 
staling  the  rejection  by  (he  British  minister  of  (he  proposition  formerly 
made,  and  recently  renewed,  to  divide  the  country  in  dispute  by  die  forty- 
ninth  parallel  of  latitude,  giving  to  Great  Britain  ail  nortii,  and  to  the 
United  Slates  all  soudi,  of  that  dejjree.  savs: 


''  Tlic  rxiraonliniiry  ;iri(l  wholly  inruJinissiblo  demands  of  tlie  British 
(j(»v<;riiin<'iii.,  and  ilic  r()»'(i,i()i»  (jf  ilir  proposititjri  nmdtj  iii  deference  alone 
to  vvliiil.  Iiud  \)i'A\i\  doni',  hy  my  predecessors,  and  tlie  implied  obligation 
wliicli  tlieir  acis  acemrd  to  impose,  aflbrd  satisfactory  evidence  that  tio 
coinpnnnisf  ivkir.h  ttui  ('nitfii  Stales  ought  to  accept  can  be  effected. ^^ 

And  iliat: 

"All  ntit'nipis  at  rom|)romise  liavinj^  failed,  it  becomes  the  duty  of  Con- 
gress to  considn  w  liat  m(!asures  it  may  be  proper  to  adopt  for  the  security 
and  proleciion  of  wv  ciiizens  now  inhabiting,  or  who  may  hereafter  in- 
habit, Oregon,  and  for  the  maintenance  of  our  just  title  tc  that  territory. 
In  ndopling  measures  for  this  purpose,  care  should  be  taken  that  nothing 
Im;  done  (o  violate  die  stipiilaUons  of  the  convention  of  1827,  which  is  still 
in  font',  'i'lir  faiili  of  (rraiies,  in  their  letter  and  spirit,  has  ever  been, 
and,  I  trust,  will  ever  be,  scrupulously  observed  by  the  United  States. 
Under  that  convention,  a  year's  notice  is  required  to  be  given  by  either 
party  to  the  o*'  <r  before  the  joint  occupancy  sh;  II  terminate,  and  before 
either  ran  I ightliilly  assert  or  exercise  exclusive  jurisdiction  over  any  por- 
tion <tf  the  territory.  'I'liis  notice  it  would,  in  my  judgment,  be  proper  to 
gi\e;  and  I  recommend  that  provision  be  made  by  law  for  giving  it  ac- 
rordini^lv ,  and  terminating,  in  this  maimer,  the  convention  of  the  6th  of 
Angus(,"|S:>7." 

A  ma|ority  of  the  ('ommittee  on  Foreign  Relations  of  this  House  has 
reN|tondid  allirinatively  to  this  recommeiulation  of  the  President,  and  re- 
poiied  a  r«'solulion  directiuii  ihe  notice  to  be  criven.  The  minoritv  of  that 
comiuiitee,  waiving  a  discussion  of  the  question  whether  notice  ought  to 
be  given,  contents  itself  with  asserting  that  the  power  to  annul  the  treaty, 
by  means  of  the  notice,  belongs  exclusively  to  the  Executive,  (that  is,  to 
the  I're.-jident  alone.")  or  to  the  tre;ity-making  power,  (the  President  and 
the  Senate,)  and  thai ,  consequently ,  Conirress  has  no  authority  to  pass  a 
mandatory  act  providing  that  the  notice  *//<///  be  given.  The  gentleman 
from  y\labama,  (}\\ .  IIii.i.i  \hi>,)  objecting  to  the  resolution  reported  by 
the  committee  because  of  the  positive  nature  of  its  requirements,  proposes 
to  amend  it  by  striking  out  the  j)art  that  makes  it  obligatory  on  the  Presi- 
dent to  fcMthwiih  eive  tluMiolice,  anil  inserting,  in  lieu  thereof,  a  clause 
merelv  emp(»wering  him  to  give  it,  "whenever,  in  his  judgment,  the  pub- 
lic well'are  may  n'qiiire  it."' 

Such,  Mr.  <'hairnian,  are  the  main  facts,  independent  of  the  evidence3 
of  title,  and  such  the  pending  tjuesiions  upon  which  we  have  to  decide. 

Tbi-  iir.<i  ol'  these  questions  that  I  pro|K>se  to  consider  is  that  presented 
bv  ilic  itpoit  *>f  the  minority  »tf  the  Citmmitiee  on  Foreign  Relations,  viz: 
T«>  which  of  the  departments  of  tiovernment  does  the  power  belong  to  de- 
ride that  the  treaty  under  consiileration  shall  be  annulled,  by  giving  the 
no(ic«<  therein  provided  f«)r  ? 

1  am  aware  that  to  tliscuss  this  tiucsiion  may  seem  somewhat  like  a  very 
unnece>sary  laltor,  since  the  pitsitions  assumed  in  the  minority  rejx)rt  have 
anpaienily  luei  with  luit  little  favor,  either  in  this  House  or  elsewhere. 
^e\«M•th<«less.  as  tht>y  come  from  th"  S'Hirce  and  in  the  form  they  do.  I 
think  them  en!iiletl  u>  at  least  consideration,  and  am,  therefore,  dispoc^ed  to 
fuirly  «'\amiiie  ihem. 

l>oes  (he  p«>\\er  bel«»ug  to  the  Mxecuiive  '  If  it  does,  it  nuist  be  derived. 
ol  Ci)mse,  fuMii  some  clause  m  the  Coustituiion.    Tliat  that  msirumeni  cwi- 


lie  British 
nee  alone 
obligation 
e  that  no 

)t€d." 

y  of  Con- 
le  security 
rcafter  in- 
t  territory, 
it  nothing 
lich  is  still 
ver  been, 
3d  States. 
1  by  either 
nd  before 
V  any  por- 
proper  to 
ving  it  ac- 
the  6th  of 

riouse  has 
:,  and  re- 
ity  of  that 
1  ought  to 
the  treaty, 
.hat  is,  to 
ident  and 
to  pass  a 
gentleman 
ported  by 
,  proposes 
the  Presi- 
',  a  clause 
,  the  pub- 
evidences 
ecide. 
presented 
lions,  viz: 
L>ng  to  de- 
riving the 

ke  a  very 
|X)ri  have 
[sow  be  re. 

Hey  do.  I 
isposed  to 

e  derived . 
lueni con- 


tains no  such  grant  in  express  words— that  is,  that  there  is  no  power  therein 
expressly  conferred  upon  tlie  President  to  annid  a  treaty — will  be  readily 
admitted.  It  follows,  that  if  he  possess  the  power,  it  must  be  by  virtue  of 
the  general  clause  with  which  the  second  article  of  the  Constitution  begins, 
to  wit:  ''The  Executive  power  shall  be  vested  in  a  President."  .Now, 
without  discussing  the  mucli  debated  (piestion,  whether  this  clause  confera 
on  the  President  any  powers  beyond  those  specifically  enumerated  in  said 
second  article,  it  is  sulHcient  to  say,  that  it  cannot  include  the  power  to  annul 
a  treaty;  for  such  a  power  is  neither  in  its  nature,  nor  in  the  contemplation 
of  the  Constitution,  an  Executive  power.  A  treaty.  i)rovides  the  Constitu- 
tion, "made  under  (he  authority  of  the  United  Slates,  shall  be  the  .<?u/;;-t7«e 
law  of  the  layid^  The  power  to  annul  a  treaty  is,  then,  a  power  to  annul 
a  law.  But  the  Executive  power,  in  its  nature,  is  a  power  to  execute  the 
laws,  not  to  make  or  to  abroijate  them.  And  the  Coiis-titution  of  the  United 
States  has  not  extended  this  power  in  our  (iovernmont  beyond  its  strict  na- 
ture and  design,  except  to  confer  on  the  Executive  a  (|ualilied  veto,  and  to 
give  him  an  agency  in  \\\e  formntioii  of  treaties;  neither  of  which  grants 
authorizes  him  to  abolish  any  treaty  or  law. 

1  am  not  ignorant  of  the  fact,  Mr.  Chairman,  that  the  power  in  question 
was  once  claimed,  in  elH'ct,  for  the  President,  by  (Jen.  namilton;  but  his 
entire  argument  rested  on  a  ground  which  cannot  be  maintained, and  whi'-h 
he.  himself,  had  shewn,  in  the  75th  .No.  of  the  Federalir^t,  to  lie  utterly  un- 
tenable, to  wit,  that  the  treaty-making  jiower  is  in  its  nature  an  Executive 
power.  There  were  other  posiiions  in  the  argument  perhaps  equally  un- 
sound, but  time  is  not  afforded  me  to  notice  then,,  nor  is  it  necessary  that  I 
should  do  so.  The  whole  argument  was  fully  answered  by  Mr.  ^ladison, 
and  the  judgment  of  the  country  has  long  since  settled  down,  I  l)elieve.  into 
a  firm  conviction  that  the  doctrine  of  Gen.  Hamilton  was  wrong.  Certain- 
ly, he  who  at  this  day  asserts  Uiat  the  Presiilent  possesses  the  jiower  to  an- 
nul at  will  what  the  Constitution  declares  shall  be  the  supreme  law  of  the 
land,  is  bound  to  exhibit  the  clearest  and  most  manifest  proof  of  the  exist- 
ence of  so  transcendent  a  prerogative.  This  the  minority  of  the  (Jommit- 
lee  on  Foreign  Relations  has  not  attempted  to  do.  It  intimates  the  exist- 
ence of  the  power,  but  furnishes  no  arguments  or  evidence  whatever  to  es- 
tablish it. 

Does  the  power  belong  to  the  President  and  Senate — they  being  invested 
by  the  Constitution  with  the  treaty-making  function  ?  ^Phis  is  the  next 
(juestion.  The  only  clause  in  the  Constitution  conferring  powers  on  the 
President  and  Senate,  in  this  particular,  is  the  followinc": 

''He  {[he  President)  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties^  provided  two-thirds  of  the  Senators  pre- 
sent concur;  and  he  shall  no'.iinate,  and,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  sliall  apj)oint  ambassadors,  other  ministers  and  consuls." 

What  is  (he  power  here  conferred  on  the  President  and  two-thirds  of  t!ie 
Senate?  A  power  to  make  treaties,  not  to  unmake  them,  excejit  whore 
their  abolition  is  effected  by  new  treaty  sti[)ulaiions.  Of  course,  a  treaty 
may  be  put  an  end  to  by  thtj  formation  of  another  trejity;  and  when  it^;  .-ri- 
nulhient  is  thus  to  be  accomplished,  the;  treuiy-makin;:"  jiowcr  is  oln  imi-ly 
the  pow<?r  to  act.  Bui  the  ])resent  is  idiogether  a  dillerent  case.  The  (jiics- 
tion  is,  sliall  the  coiuention  of  iS'iT  Ite  ahrogiited.  not  by  a  new  treaiy.  btit 
bv  the  Molice  ?     That  there   is  no  aualouv  beiween  irivinL;-  ihe  notice  and 


w 


6 

ninkinc  a  treaty,  !;«  too  plain  to  1)P  donied.  A  treaty  is  a  rontrart.  F'artifv, 
and  tli(^  ai;rot'iiit!iit  of  ;li<'  j);uli<'s.  ;iro  noco!<«arv  lo  its  »'\ist(Mici'.  Hut  this 
noiicf;  rciiulrt'S  no  >*ucli  ;i<4roeni<Mi(.  'i'lic  srivinif  it  is  tlic  act  ol  one  (iovorn- 
nicnt  alone,  and  needs  no  assent  of  the  other  ( Jovernnifiit  to  innke  il  etl'ec- 
luul.  Xo  fniMtion  <>l  the  treaty-making'  power  i.->  evened  in  liivinir  it.  That 
power  is  a  power  to  ne<;oiiait',  lo  siipnlate,  to  contract .  Hut  hen'  no  neiro- 
tialion,  no  stij)nlaiion,  no  contract  is  nece'ssiuy.  All  that  we  have  to  do  to 
amnd  the  treaty,  is  simply  to  give  the  notice. 

IJnl  it  is  contended,  that  althou^'h  tht*  givini;  the  noii<-elias  no  analogy  to 
the  making  of  a  treaty,  yet  the  power  to  givi^  it  is  inr.ulrntul  to   tht;  treaty- 
making  pcnver.     This  h'ads  ns  to  in(|uire,  what  is  an  inrideiiial  poWer .'    It 
is  a  i)ower,  .«ays  General  iliimilion.  to   employ  th<'  'ordinary  means  that  are. 
necessary  and  ))roj)er   to  carry  the  e.\pres.-ed  power  into  elj'ect.     Incidental 
powei-s,  according  to   Mr.  Madison. --aie  the  means  of  aliaitiinsr  the '>/>/>'•;; 
of  the  general  pov.er.'"     What  then   is  the    "expressed,"    or   "ifeneral," 
power  conferred  on  the  President  and  Senate  ?     A  power  to  'tiutJcr  treaties. 
What  is  the  ohject  of  that  ])ower?     'IMie  mnkin^oi  treaties,  not  the  general 
and  exclusive  conii"!  over  oin*  I'oreiun  allairs.     And  what  are  the  incidents 
of  the  j)ower .'     A  t'ighi  to  use   the   ordinary  means  that  are  necess(uy  and 
pro])er  to  accompli  h  tUefor/fialion  of  treaties.     But  the  measure  now  un- 
der consideration  is  not  a  measure  for  the  formati*)n  of  a  treaty,  hut  is  ex- 
actly the  reverse.      Insleail  of  b»>ini:-  the  me;uis  of  makinu'  a  treaty,  it  is  the 
means  of  annulling  one.     Between  it  and  tin;  nt'gotiation  of  a  treaty  there 
is  no  connection  whatever,  and   the  right  to  decitle  on  it  cannot,  therefore, 
under  the  commonly  received  definition  of  incidental  pow(/!s,  he  deemed  to 
belong  to  the  treaty-nuiking  pow»,T.     Will  it  Ite  said  that  this  connn(jidy  re- 
ceived delhiition  is  too  narrow;  that  implied  powers  are  not  restricteil  to  tl^e 
use  of  the  means  necessary  to  \hc  e.irciU ion.  oi'  the  powers  expressed ;   hut 
that,  on  the  contrary,  a  grant  of  the  power  iodo  an  act  involves  a  grant  of 
**>"    'iiht  to  7/'//rAMi  after  it   shall  have  be<'n  accom|ili.-'hed;  and  that,  there- 
the   President   and   Se;iate,  beitii;:  invested  with  the   power  to   make 
iit..des,  are   also  invested  with  the  ]iower  to  annul  them?     Shoidd  this  po- 
sition be  assumed,  my  answer  is,  that  such  a   principle  of  construction,  in 
reference  to  the  Constitution  vi  the  I'nited  Slates,  is  altosrother  inadmissi- 
sible;  as  an  examination  of  that  instrument  will  show.     Thus,  by  the  Con- 
stitution, the  appointina'  power  to  oliice  is  vested   in  the  J^resident  and  Se- 
nate, (he  nominating  tinil  a  niajority  of  tlie  latter  contirming.)  l)ut  the  pow- 
er of  removal  from  oliice  does  not  follow  as  an  incident.     On  the  contrary, 
it  bi;longs  to  the  l^residejit  alonr ,  in  virtue  (jf  the  iluty  imposed  on  him  of 
taking  care  ''that  the  laws   be  ihithfidly  executed."     Thus,  the  power  of 
making  laws  is  conferred   upon  Congress,  but  the  power  of  repeal   is   not 
thence  derived  by  i/nj)liritlio>/.     So  implication  is  necessary;  for  the  grant 
of  the  power  to  mtd<e   laws  is  a  substantive  LM'ant  of  the  power  to  repeal 
them;  since  the  repeal  of  a  law  may  as  well   be   tlic  sui)iecf  matter  of  ano- 
ther law,  as  may  any  thing  else.     And  thus  the  grant,  lo  the  President  and 
Senate,  of  the  power  to  make  treaties,  is.  for  a  like  reason,  a  substantive 
grant  of  the  jiower  to  annul  them  bi/  other  tronties:  but  it  is  not  an  author- 
ity, either  express  or  implied,  io  abrogate  them  in  any  other  manner.     If 
tlie  treaty-making  power  can  ai)olish  treaties  in  other  modes  than  the  forma- 
tion of  new  treaties,  what  are  iho.S(^  modes,  and  where  is  the  limit  to  its  au- 
thority ?     Can  it  assume  le'i'ishuive  ftmctions,  and  repeal  them  by  a  legisla- 


f .  Part  ie? , 
.  \i\\\  this 
nc  (iovrrn- 
ike  il  el}i;c- 
irit.  That 
'c  no  iiejTo- 
ve  to  do  to 

» analo<;y  to 
the  treaty- 

\W\\'OV  ?     It 

WIS  that  art> 
JiK.idental 
•■i  the  (ihjcrt 
'•ifnoral," 
tkr  tif-atit's. 
the  ijeiieral 
ic  iiicidetiis 
ces.-^avy  :inil 
re  now  iin- 
,  biU  is  ex- 
i!y .  il  is  the 
lienty  ilieio 
,  thf'iefore, 
!  deemed  to 
nnnonly  re- 
icteil  to  the 
ressed ;   hut 
:  a  2fiant  of 
that,  there- 
LT  to   hutkc 
iihl  this  po- 
truction,  in 
inadi)dssi- 
)y  the  Con- 
Mit  and  Se- 
nt the  pow- 
le  contrary, 
I  on  liini  of 
le  power  of 
leal  is   not 
)r  the  arrant 
er  to  repeal 
ter  of  ano- 
csident  and 
substantive 
an  anthor- 
\;i  liner.     If 
die  f<M'i na- 
il to  its  au- 
iv  a  legisla- 


tive act,  or  a  derjarntion  of  war?  It  will  hardly  he  pretended.  T'nn  ji  derive 
powers  frotn  the  treaties  themselves  whiih  are  not  conferred  on  it  hy  the 
Constitution.'  .No  one  will  fis«ert  it.  How,  then  .  can  it  act — how  can  it 
accomplisii  the  ohject  of  annulling  u  treaty,  except  hy  the  neguiiation  of  a 
new  one  ?     I  see  no  other  mode. 

The  error  into  which  the  minority  of  the  Committee  on  Foreiirn  AtTiiir.'? 
has  fallen,  ariso',  I  conceive,  from  a  mistaken  assumption  that  the  Consti- 
tution irives  the  entire  control  over  each  pariicidar  sulijeci  to  a  |);uiicular  de- 
partment of  the  (Jovcrnment.  Such  is  not  the  fact.  Take,  for  instance, 
the  sul)|ect  of  foreign  relations.  A  treaty  is  negoliatt'd  hy  the  Kxectitive, 
confirmed  hy  the  Senate,  and  the  means  for  its  execution,  on  our  p;irt, 
providtMl  hy  (..'oimress.  War  is  declared  hy  ('onirress,  is  coiuhicted  hy  \\\*\ 
Prt'sidenl,  and  peace  is  restored  throu'jh  ihe  action  <»f  the  tre;iiy-makiiii^ 
power.  Commerce  and  intercourse  with  foreiifii  nations  are  rei^ulated  hy 
acts  of  Coiifjress.  as  well  ashy  treaties;  and  the  (>xetution  of  l)olh  the  one 
and  the  other  helon<ifs  to  the  Ivxecuiive.  'i'he?-e  illustrations,  out  of  a  mul- 
titude that  miuht  he  given,  are  sullicient  to  show  that  the  ry/^//r  manage- 
ment of  our  Ibreign  aflairs  is  not  entrusted  to  tl;'  treaty-makin<jr  ])ower. 
Nor  can  any  ari^ument  in  support  of  such  a  proposition  he  drawn  from  the 
supposed  confidential  relations  between  the  Presitlent  and  the  Senate,  and 
the  thorough  information  they  are  deemed  to  possess;  on  which  the  minori- 
ty report  places  so  imich  reliance.  Congress  has  the  same  right  that  he- 
longs  to  the  Senate  of  calling  on  the  llxecutive  for  information;  and  before 
a  resolution  or  bill  that  passes  this  JIou>e  can  become  a  law,  it  must  receive 
the  .sanction  of  both  tlu;  Senate.and  the  President.  Assuredly,  if  the  sup- 
posed ignorance  of  this  House,  assumed  by  the  minority  report,  is  a  sullici- 
ent  reason  to  forbid  its  taking  part  in  the  abrogaii'ju  of  a  treaty,  it  fu rnishet? 
a  much  stronger  reason  why  it  should  have  no  agency  in  a  declaraiion  of 
"war.  To  determine  on  the  propriety  of  the  laife  certainly  requires  a  know- 
ledge as  extensive  as  can  ever  be  needed  to  decide  upon  the  former. 

1  have  thus,  Mr.  Chairman,  attempted  to  shew  that  the  jjower  in  ([uestion 
does  not  belong  to  the  i^jxecutive  department, or  to  the  treaty-making  jiower. 
That  it  is  not  a  judicial  function  is  too  obvious  for  armiment.  It  follows, 
that  it  must  l)e  a  legislative  power,  and  therefore  vested  in  (.'ongrcss.  For 
>ve  caimot  suppose  that  it  is  vested  nowhere;  ar.d  if  it  is  not  possessed  by 
either  the  Executive,  the  treaty-making,  or  the  Judicial  {)ower,  it  must  be- 
long to  the  only  remaining  one — the  legislative.  And  that  there  are  grants 
•of  power  in  the  Constitution  to  Congress,  bixuul  enough  to  include  it,  ap- 
pears to  me  perfectly  clear.  Thi^  power  to  '"'provide  for  the  common  de- 
fence and  general  welfare  of  the  United  States,"'  to  do  which  may  require 
that  an  end  be  put  to  the  privileges  enjoyed  by  (ireat  Hriiain  under  the  treaty 
in  question,  is  one  of  these  grants;  anotlier,  is  the  power  '-to  regulate  coin- 
nierce  with  foreign  nations,  and  among  the  several  States,  and  with  the  In- 
dian tribes,'  by  virtue  of  which  Congress  may,  in  my  judgment,  abrogate 
this  treaty  in  the  manner  proj)Osed;  it  i>eing  a  treaty  of  commercL',  naviga- 
tion, and  trade  alone.  And  the  power  -'to  declare  war''  would  also  seem 
to  include  the  power  to  annul  a  treaty  which  miuht  inleriere  with  the  ne- 
cessary ])reparations  l"or  the  dei'ence  of  the  country. 

1  have  so  far,  .Mr.  (.'hairman,  aiuued  this  ijuestion  without  reference  to 
precedents.  If  we  look  to  th.em,  we  will  iind  that  Congress  has  passed  a 
multitude  of  acts  allecting  die  treaty  stipu'ations  of  the  country.     Thus,  as 


6 


early  as  1798,  a  fretity  of  the  most  important  character,  between  this  country 
and  Fnuico,  and  on  (he  ohsorvance  of  which  l)y  us  Frarjce  strenuously  in- 
sisted, was  ahioijatcd.  out  and  out,  by  nn  act  of  Congress.  And  since  then, 
liow  often  have  uur  treaty  relations  with  foreign  powers  been  changed  by 
our  legi.slation  ^  We  have  not  acknowledged,  by  h>gii«lalive  enactment,  the 
independence  of  a  sinirle  nation  that  has  sprung  irUo  existence,  since  our  own 
commenced,  and  whose  dominions  were  carved  out  of  those  of  a  power  with 
which  we  had  treaty  slipidations,  wiihout  aflecting  those  .stipidations  by 
our  act  of  acknowledgment.  Witness  the  South  American  rejniblics — Mex- 
ico, l"'exas,  and  other  Stales — whose  independence  has  thus  been  recog- 
nized. 

And  to  refer  to  another  familiar  case,  and  one  of  very  frequent  occur- 
rence. VVe  make  a  treaty  of  commerce  and  navigation  witli  a  foreign 
power,  and  rcLndate,  by  it,  the  })recise  terms  on  which  its  citizens  may 
tradt!  with  ours:  but  provide,  also,  that  if  at  any  time  we  shall  accord  more 
favorable  terms  to  the  subjects  of  any  Muer  nation,  its  citizens  shall  also 
enjoy  su<h  sn])eri<»r  advantages.  After  this,  we,  by  /«?/;,  not  by  treaty, 
grant  Ix'tter  terms  to  th.  people  of  another  c()Uiury,(md  thereby  (dter  the 
privileges  and  change  the  rights  of  those  with  whom  we  had  treated.  The 
very  last  Presidential  message  mention?  sevenil  cases  of  this  kind. 

I  pass.now..Mr.  (.'hairman,  to  the  consideration  of  the  amendment  oirered  by 
the  gentleman  Irom  Alabama,  lie  |)rof)oses  to  vest  the  power  of  giving  the 
notice  in  the  I'resident,  to  l>e  exercised  or  not  exercised  at  the  discr«;tion  of 
that  officer.  In  other  words,  he  woidd  give  to  the  Executive  the  power  to 
amuil,  at  pleasure,  what  the  Constitution  declares  shall  be  the  supreme  law 
of  the  land.  To  those  wlio  knov/  me,  Mr.  Chairman,  I  need  not  say  that 
1  have,  perhaps,  as  juuch  conlidence  in  the  President  of  the  United  States 
as  has  any  geiuleman  on  this  floor.  But  I  should,  nevertheless,  sir,  nioct 
deeply  regret  to  have  the  alternative  placed  before  me  of  being  compelled 
to  adopt  the  proposition  of  the  gentleman  from  Alabama,  or  see  the  notice 
altogether  fail.  And  although,  under  such  circumstances,  I  would  vote 
for  the  proposition,  I  would  do  so  with  unfeigned  regret  that  Congress  had 
thus,as  I  should  feel,  shrunk  from  performing  a  duty  that  properly  devolved 
vipon  it,  and  set  so  dangerous  an  example  of  conliding  legislative  power  to 
Executive  discretion.  And  here  I  nuist  be  allowed,  Mr.  Chairman,  to  say 
that  I  have  listened  with  astonishment  to  gentlemen,  who,  after  torturing 
their  imaginations  hour  by  hour,  and  day  by  day^  to  depict  the  horrors  that 
will,  in  their  judgments,  ilow  from  giving  this  notice,  after  denouncing  it^ 
over  and  over  again,  as  a  war  measure  that  must  inevitably  plunge  the 
country  into  a  disastrous  and  disgraceful  conflict  of  arms,  have  finally  closed 
their  remarks  by  proposing  to  confer,  without  restriction,  the  authority  to 
give  it  on  the  President  of  the  United  States.  And  to  whose  hands  is  it, 
Mr.  Chairman,  these  gentlemen  are  willing  to  confide  the  war-making 
power  of  the  land— for  the  war-making  power  it  is,  and  no  less,  if  their 
views  are  correct?  Is  it  to  a  man  who  will  not  exercise  the  authority  with 
which  they  clothe  him,  a  man  who  v/ill  not  give  the  notice,  if  the  power- 
to  do  so  be  conferred  upon  him?  Is  it  to  such  a  man,  Mr.  Chairman? 
No,  sir,  not  at  all.  The  President  desires  peace,  earnestly  desires  it;  but 
give  this  notice  he  will,  and  that  right  (juickly,  too,  if  Congress  enable 
liiiu  to  do  it.  No  one.  who  has  carefully  read  his  message,  and  knows  the 
firm  and  decided  character  of  the  man.  can  doubt  for  a  moment  on  ihis 


n  lliis  country 
reiiuously  in- 
u\  since  then, 
I  ilmufjed  by 
nacUTicnt,  tlie 
since  our  own 

n  power  with 
ipiilations  by 
ublics — Mex- 

beeu  recog- 

■qucnt  occur- 
ill  I  a  foreic^n 
citizens  may 
I  accord  more 
:n8  shall  also 
ol  by  treaty, 
eby  alter  the 
reated .  The 
iiid. 

lentoirercd  by 

of  giving  tlic 

discrc'tion  of 

the  power  to 

supreme  law 

1  not  say  that 

United  States 

[ess,  sir,  moat 

ig  compelled 

ee  (he  notice 

[  wotdd  vote 

I/'ongress  had 

erly  devolved 

ive  power  to 

irnian,  to  say 

fter  torturing 

3  horrors  that 

iuouncing  it^ 

r  plunge  the 

finally  closed 

atuhority  to 

I  hands  is  it, 

war-making 

less,  if  their 

uthority  with 

if  the  power 

,  Chairman? 

esires  it;  but 

igress  enable 

id  knows  the 

neut  on  ihis 


point.     Why .  has  he  not  declared,  in  the  most  solemn  manner,  that  our 
title  to  Oregon  is  clear  and  un(|ucstionable?     Did  he  not,  when  the  j)ropo- 
isition  made  by  hiin,  solely  in  deference  to  the  action  of  his  predecessors, 
was  rejected  by  the  British  minister,  instantly   withdraw  it,  and  insist  on 
our  right  to  the  whole  of  the  territory?     Has  he  not  told  us,  in  his  message, 
that,  in  his  judgment,  (he  notice  ought   to  be  given?     And  can  any  one 
doubt,  after  all  this,  whether  he  would  give  it,  were  the  power  to  do  so 
ploced  in  his  hands?     And  if  no  one  can  so  doubt,  is  it  not  strange  that 
gendemen  who  assure  us  of  their  belief  that   war,  dishonorable,  ruinous 
war,  will  follow  the  notice,  should  yet  be  willing  to  enable  the   {'resident 
to  give  it — give  it  at  discretion?     And  is  it  not  still  more  wonderful  that  the 
gentlemen,  who  thus  piojtose  (o  contide  in   the   President,  are   not  among 
the  number  of  his  political  friends;  and  (hat  they  who,  a  few  months  since, 
were  iiKjuiring,  "Who  is  James  K.  Polk?"  are  now,  so  rapid  has  been 
their  accjuisition  of  knowledge,  both  ready  and  willing  to  entrust  him   with 
what,  if  their  judgments  be  correct,  is  the  power  to  make  war;  are  willing 
and  ready  to  place  iti  his  hands  a  supreme  law  of  the  land,  of  vast  import- 
ance to  the  peace  of  the  country,  to  be  continued  in  force,  or  utttirly  annul- 
led, as  his  judgment  or  his  will  may  dictate?     Why,  sir,  I  appeal  to  these 
Whig  ginitlemen,  they  whose  party  name  iujplies  opposition  to  prerogative 
and  a  par(iali(y  for  the  legislative  branch  of  the  Government;  they  who,  for 
the  last  lifteen  years,  have  been  crying  p'oud  against  Executive  power,  and 
denouncing  Executive  discretion,  even  when  the  exercise  of  that  discretion 
was  warranted  by  the  ConstitiUion;  I  appeal  to  them,  to  tell  me  how  it  is 
that  they  can  reconcile  ii  to  their  principles  to  vote   for  (he  ametulment  of 
lh<;  gentleman  from  Alabama,  instead  of  voting  directly  for  the  no'ice  itself? 

Air.  Chairman,  if  the  power  (o  annul  this  treaty  by  means  of  the  notice 
is  a  legislative  power,  as  I  (rust  1  have  shown  it  is,  il  ought  to  be  exercised 
by  the  legislature.  The  act  for  that  purpose  ought  to  be  positive  and  ime- 
quivocal.  It  is  equally  inconsistent  with  the  dignity  of  (Joiigress,  and  with 
the  dictates  of  sound  policy,  for  us  to  evade  a  responsibility  that  properly  be- 
longs to  us,  by  seeking  to  throw  it  upon  anoUier  department.  Besides,  sir, 
if  war  is  to  follow  from  giving  this  notice,  a  thing  affirmed  by  gentlemen, 
but  which  I  wholly  disbelieve,  the  country  will  be  far  more  united  if  the 
notice  shall  have  been  given  by  the  positive  direction  of  Congress,  than  if  it 
be  an  act  of  mere  Executive  judgment.  Give  it  yourselves,  and  if  a  con- 
flict ensue,  we  may  hope  to  ])resent  to  the  foe  an  undivided  front;  but 
withdraw  from  it  the  support  of  your  enactment,  and  make  it  the  measure 
of  the  President  alone,  and  the  voice  of  faction  will  soon  be  heard.  Soon 
will  its  notes  of  discord  be  raised — soon,  very  soon,  will  the  charge  be  rung 
through  the  land,  that  we  have  been  ruthlessly  and  recklessly  plunged  into 
a  war  by  the  weakness  or  the  wickedness  of  a  single  man. 

I  come,  lastly,  Mr.  Chairman,  to  the  consideration  of  the  main  question: 
Ought  the  notice  to  be  given  at  all?  T  Uiink,  sir,  it  ought.  In  my  judg- 
ment l>oth  the  honor  and  the  interests  of  the  country  recjuire  it.  1  shall  not 
detain  llje  comniittee  to  stale  all  the  reasons  that  bring  me  to  this  conclusion, 
nor  is  it  material  tliat  I  should  do  so.  Most  of  them  have  been  already 
stated  in  the  course  of  this  debate,  tor  me  to  recapitulate  thein  would  be 
a  useless  trespass  on  your  patience  ;  but  were  it  otherwise,  time  is  not  left 
mc  in  which  to  do  it.  I  shall  therefore  content  myself  with  calling  atten- 
lion  10  certain  views  of  the  sul-joct  that  seem  to  me  lo  be  entitled  to  weight. 


10 

In  doing  this,  the  first  thing  that  I  desire  the  committee  to  observe  is,  that 
all,  or  very  nearly  all,  who  have  taken  part  in  tiii?  discussion,  appeared  to 
be  convinced  that  attion  is  necessary  in  reference  to  Oregon.  All,  or  nearly 
ail,  state  their  belief  that  our  title  to  tliat  country  is  belter  than  that  of  Eng- 
land, and  express  their  hope  that  we  will  ere  lung  possess  the  whole  of  it. 
AH,  or  nearly  all,  are  in  favor  of  measures  looking  to  a  realization  of  that 
hope.  The  recommendations  of  the  President,  other  than  that  respecting 
the  notice,  find  almost  universal  favor.  No  one  advocates  the  doctrine  of 
absolute  inactivity;  but  on  the  coiunuy  all,  or  nearly  all,  proclaim  their 
readiness  to  vote  for  the  entire  list  of  tiie  Oregon  propositions  with  the  single 
exception  of  the  notice.  The  raising  of  troops,  the  building  of  forts,  the 
establishment  of  a  mail,  the  creation  of  Indian  agencies,  tiie  extension  of 
our  laws,  prospective  and  liberal  grants  of  land — all  these  measures,  having 
for  their  object  the  encomagement  of  migration  to  Oregon,  the  protection 
of  the  settlers  when  there,  and  the  ultimate  extension  of  American  juris- 
diction over  the  whole  of  tin?  territory — all  these  substantial  and  efiective 
measmcs  find  a  cordial  approval,  it  seen)s,  from  nearly  every  member  on 
this  floor.  Wherein  then  do  we  dill'er  with  each  other?  In  this,  that  a 
portion  of  us  are  in  favor,  not  only  of  adopting  these  measures,  l)ut  also  of 
giving  the  notice — the  rest  advocaic  the  nu'asmes,  l)ut  object  to  tiie  notice. 
The  measures,  ;dl  su)>port ;  the  nolice,  a  portion  o])pose.  And  why  oppose 
it?  Because,  in  their  judgment,  it  will  lead  to  war;  ajid  war,  say  they , 
cannot  gain,  but,  on  the  contrary,  may  lose  for  us  the  whole  of  Oregon. 

Now,  Mr.  Chairman,  which  of  these  two  courses  of  policy,  the  adoption 
of  the  measures  and  the  notice,  or  the  passage  of  them  withoiU  the  notice, 
is  the  more  likely  to  h^ad  to  war?  Every  one,  without  exception,  agrees 
that  giving  the  notice  would  not,  of  itself,  be  a  just  cause  of  war,  or  even 
be  regarded  by  Great  Britain  as  a  sjround  of  ollVnce.  What,  then,  would 
make  it  an  ofi'ensive  measure?  The  answer  is,  the  circumstances  under 
which  it  would  be  given.  And  what  are  those  circumstances,  pray,  but 
the  adoption  of  the  measures  of  which  I  have  spoken,  ami  which  all  of  us, 
those  opj)Osed  to  the  notice,  as  well  as  those  in  favor  of  it,  profess  to  approve 
and  sustain?  Does  any  man  believe  that  if  you  were  to  simply  give  the 
notice,  and  abstain  from  adopting  the  measmes,  war  would  be  ihe  conse- 
quence? No  one  imagines  any  such  thing.  The  notice  is  nothing  with- 
out the  measures.  I  mean  its  practiual  efi'ect  would  be  nothing;  certainly 
nothing  of  which  Great  Britain  would  comjilain.  Jt  is  the  measures,  then, 
which  are  to  follow  the  notice,  that  arc  the  things  of  substance.  It  is  they 
that  will  send  thousands  of  emigrants  to  Oregon ,  iiuanled  by  your  troops, 
protected  by  your  forts,  under  the  panoply  of  your  laws,  to  be  rewarded  by 
your  bounty,  and  ultimately  to  occupy  tor  you  the  entire  territory;  it  is 
these  measures,  pioduciive  of  these  ellects,  that  will  give  cotu-ern  to  tiie 
British  Governtnent,  and  not  the  reception  of  youi  notice  to  terminate  a 
tfeatv  of  mere  navigation  and  trade.  Forward  the  notiie,  and  vou  add  not 
one  jot  or  tittle  to  the  amoimt  of  ollence  these  mea-ures  will  give;  but 
adopt  the  measures  without  the  notice,  and  you  furnish  Great  Britain  the 
only  plausible  ground  of  complaint  she  will  have.  Vou  etiable  her  to  say 
that  while  professing  a  sacred  regard  for  treaty  eno-ageuients,  you  are  iiuii- 
diously  employed  in  their  systematic  violation;  aiul  hrwever  I'alse  aiui  un- 
founiled  the  chargt?  Uiay  hi',  it  will  lunertheless  I^e  certain  to  produce  its 
<jflect.     The  opinion  ul  that  civilized  voild,of  which  we  have  heard  so 


ofte 

a  r( 

<:ou 

tha 

in 

ult 

cha 

not 

fol 

are 

an> 

the 

cm 

bU 

or 


11 


)  observe  is,  that 
ion ,  appeared  to 

All,  or  nearly 
an  that  of  Eng- 
the  whole  of  it. 
ilization  of  that 
that  respecting- 
4  the  doctrine  of 
,  pr^claini  tiieir 
with  the  single 
ing  of  forts,  the 
he  extension  of 
easures,  having- 

the  protection 
American  juris- 
1  and  ellective 
ery  member  on 
In  this,  that  a 
ires,  but  also  of 
t  to  the  notice, 
nd  why  oppose 
war,  say  they, 
of  Oregon. 
v,  the  adoption 
out  the  notice, 
ception,  agrees 
f  war,  or  even 
t,  then,  would 
iistances  under 
ices,  pray,  but 
hich  all  of  us, 
•fcss  to  approve 
imply  give  the 
be  the  conse- 
nothing  with- 
ling;  certainly 
easures,  then, 
e.     It  is  they 
y  your  troops, 
e  rewarded  by 
territory;  it  fs 
jncern  to  tlu; 
'J  terminate  a 
fl  you  add  not 
^■ill  give;  but 
at  Britain  the 
ble  her  to  sav 
you  are  i tun- 
false  ajid  un- 
L>  produce  its 
UN  e  heard  so 


often,  and  heard  so  much, and  to  which  we  are  invoked  to  pay  so  profound 
a  respect,  will  be  arrayed  on  the  side  of  yoiu"  foe  in  condemnation  of  your 
course.  From  all  parts  of  Europe  you  will  hear  the  stereoiyjicd  phrase, 
that  vou  arc  '•'  re-enacting  the  Texas  drama  again;"  a  dram^  that  consists 
in  ])eoplin^  the  territory  of  a  power  with  which  you  are  at  peace,  with  the 
ultimate  desiirn  of  wresting  it  from  the  hands  of  its  lawful  possessor.  The 
charire  was  false  as  to  Texas,  it  would  be  fulse  as  to  Oregon;  but  that  would 
not  prevent  its  being  made,  and  extensively  i)elieved,  or  {'ender  it  aught  but 
folly  in  us  to  needlessly  provide  its  principal  support.  The  United  .States 
fire  powerful  eiiouirh  to  pursue  an  open  ami  straight-forward  policy;  and 
any  other  couise,  allow  me  to  say,  would  be  as  inimical  to  the  ititerests  of 
(he  republic,  as  it  would  l)e  destructive  of  its  character  and  dignity.  C'on- 
curriiiiT,  then,  in  the  general  judgment,  that  inactivity  is  no  longer  possi- 
ble; diat  the  time  has  arrived  when  we  must  take  ste))s  to  occupy  (Oregon, 
or  see  it  subjected  ])ractically  to  the  British  power;  believing  the  measures 
])ro])Osed  to  be  demanded  alike  by  tlie  opinion  of  the  country,  and  the  ne- 
cessities of  the  case;  and  regarding  the  passage  of  these  measures,  without 
the  notice,  as  moie  likely  to  hazard  the  peace  and  honor  of  the  nation  than 
would  the  adoption  of  both,  I  am  in  favor  of  the  notice  as  well  as  the  mea- 
Gures,  and  will  vole  for  the  resolution  re(|uiring  it  to  be  given. 

And  here,  Mr.  Chairman,  I  may  as  well  remark  that  I  do  not  l)elieve 
that  an  immediate  war  is  at  all  likely  to  take  place,  whatever  may  be  our 
action  on  the  questions  before  us.  That  Cireat  Britain  will  iro  to  war  be- 
fore she  will  surrender  the  whole  of  Oreiron,  I  shall  certainly  not  undertake 
to  deny.  My  own  opinion  is  that  she  will.  xMany  ])ersons  of  nmch  more 
exj)erience  and  al.)ility  than  I  i-\\\\  lay  claim  to,  thiidv  she  will  not.  But  let 
it  be  assumed  that  she  will,  and  it  l)y  no  means  follows  that  an  immediate 
conllict  will  result  from  the,  ado))tion  of  our  measures.  On  the  contrary, 
r.othing  a])pears  to  me  more  certain  than  that  hostilities  will  not  conuuence 
until  the  alternative  be  brought  pmcticdlly  home  to  Great  Britain,  either  to 
yield  up  to  our  ])eo])le  her  possessions  in  the  territory,  or  lo  defend  and  main- 
tain them  by  the  force  of  arms.  That  ))oint  will  not,  in  my  judgment,  be 
reached  for  seveial  years  to  come,  however  ellective  may  be  the  Oregon 
measures  we  adopt.  It  will  not  be  reached  until  the  preponderance  of 
American  settlers  in  the  territory  shall  endanger  the  peace  and  security  of 
Jiritish  occupancy.  Before  that  time,  vexatious  iticitlents  may  indeed  oc- 
cur— exciting  cases  may  arise,  from  the  assertion  of  adverse  jurisdictions; 
Init,  in  this  age,  instantaneous  war  does  not  tread  on  the  heels  of  every 
wronff.  If  it  did,  the.  laie  war  would  not  have  been  postponed  for  years, 
nor  would  events  of  latter  days  have  passed  as  they  have,  and  left  the  land 
ill  peace.  But,  come  wliai  may,  Mr.  Chiiirman,  our  duty  is  plain.  Ore 
gon  is  ours,  and  wh.at  is  ours  we  ought  to  possess.  If  with  twenty  millions 
of  jieople  we  do  not  maintain  oin-  riglits,  the  world,  l)e  assured,  will  not  ac- 
coi  d  them  to  us.  We  camiot  hopt-  to  lie  respected ,  while  exhib  ting  a  weakness 
so  disastrous  and  amazin<j.  We  owe  it  to  our  interests,  we  owe  it  to  our  honor, 
we  owe  it  to  the  cause  of  repulilicanG'overmnent,that  form  ut  govermnentthat 
is  daily  charge*!  with  inability  to  resist  aggression .  we  owe  it  to  all  these,  to  act 
with  tirmness  and  decisioti.  It  is  not  by  the  abandoimient  of  our  claims, 
the  surrender  of  our  territory,  the  discrediting  of  republicanism,  and  the  dis- 
grace of  our  name,  that  we  will  secure  to  ourselves  the  blessings  of  peace. 
And  ureal,  and  bcnelicent,  and  desirable  as  those  blessings  are,  it  dues  not 
become  us  to  si.'ok  iheni  at  so  ruinous  a  price. 


12 


Mr.  Chairman,  I  repeat,  that  we  are  in  no  danger  of  immediate  war;  but 
were  it  otherwise,  were  war  declared  this  day,  it  could  not  result  in  the  loss 
of  Oregon.  Gentlemen,  who  predict  t^3at  result,  underrate  our  strength  as 
much  as  they  exaggerate  that  of  our  adversary  ;  and  they  do  both  to  a  sin- 
gular degree.  Grant  that  Great  Britain  haa  a  powerful  fleet  in  the  Pacific, 
will  the  war  be  waged  on  the  coasts  of  Oregon  alone  ?  Are  there  no  British 
provinces  to  invade  ?  Will  there  be  no  means  of  bringing  home  to  her  the 
horrors  of  the  conflict  ?  Will  there  be  no  battle-fields  on  which  to  settle  the 
strife,  save  the  distant  and  almost  tenantless  shores  of  the  Pacific  ?  The 
whole  of  Oregon  be  lost !  The  whole  of  Oregon  i)e  wrested  from  us  by  a 
power  whose  strength  lies  beyond  the  Atlantic  !  Incredible,  sir.  Such  a 
result  could  never  be.  What  would  be  the  result  no  man  may  be  sagacious 
enough  to  tell;  but  that  a  war  would  lose  us  the  whole  of  Oregon  is  what 
any  man  may  safely  deny. 

Mr.  Chairman,  I  am  in  favor  of  giving  this  notice  because  a  refusal  to 
give  it  would,  under  existing  circumstances,  carry  with  it  an  implication 
that  we  are  willing  to  yield  to  Great  Britain,  not  only  a  portion  of  Oregon, 
but  even  a  larger  portion  than  we  liave  ever  yet  offered  her.  So  would  she 
interpret  our  proceedings — so  would  the  world  interpret  them.  I  do  not 
wisli  to  furnish  grounds  for  such  a  belief.  I  do  not  wish  such  a  belief  to 
exist.  It  would  only  serve  to  swell  and  jxjrpetuate  the  arrogance  of  her  de- 
mands, and  increase  the  difliculties  that  already  surround  us.  The  sooner 
we  take  a  decided  stand,  the  sooner  we  let  our  adversary  know  that  Oregon 
being  ours  we  will  never  surrender  it;  that  being  ours,  we  intend  to  possess 
it  all;  the  sooner  will  she  learn  to  respect  our  rights,  the  longer  will  she 
pause  before  she  resolve  to  infringe  them. 

But  it  is  said,  Mr.  Chairman,  that  we  ought  not  to  give  the  notice,  be- 
cause we  are  getting  along  under  the  treaty  exceedingly  well ;  that  time  is 
doing  for  us  what  arms  could  not;  that  migration  and  settlement  will  ^ecure 
us  Oregon  if  we  have  but  the  patience  and  wisdom  to  "let  well  alone" — 
that  we  are  about  to  play  the  part,  of  the  hypochondriac,  on  whose  tomb  it 
was  inscribed,  that  "He  was  well,  thought  himself  sick,  took  medicine,  and 
died." 

I  shall  not  repeat,  Mr.  Chairman,  the  answers  that  have  been  given  to 
this  argument,  and  which  conclusively  shew  that  time  and  the  treaty  will 
not  do  for  us  what  gentlemen  suppose.  But  I  beg  those  who  advance  the 
argument,  and  who  believe  it  entitled  to  pre-eminent  weight,  to  tell  us  how 
it  is,  that ,  if  the  treaty  is  working  such  glorious  results  for  the  United  States, 
the  British  Government  still  permits  it  to  exist.  Why  does  not  the  notice 
come  from  Britain,  if  the  treaty  is  so  prejudicial,  so  disastrous,  to  her?  Are 
her  statesmen  sagacious?  All  admit  it.  Are  they  well  informed  on  this 
subject?  It  cannot  be  denied.  Do  they  guard  her  interests?  Her  history 
will  shew .  Why  then .  I  repeat ,  does  not  the  notice  come  from  her  ?  There 
is  but  one  answer  to  give,  but  one  at  least  that  is  satisfactory,  and  that  is, 
that  the  treaty  is  beneficial  to  her  and  injurious  to  us. 

In  the  next  place  it  is  said,  Mr.  Chairman,  that  we  ought  not  to  close  the 
door  to  negotiation.  Close  the  door  to  negotiation,  sir — how  is  the  notice 
to  do  that  ?  Unless  war  be  produced  by  it,  how  is  that  to  be  its  efiect?  I 
can  conceive  that  ii  might  lea('  to  negotiation,  but  how,  without  war,  will 
it  Wud  to  prevent  it  ?  And  of  what  service,  ^ir.  lias  the  treaty  been  to  us  m 
this  respect  ?     Has  it  furthered  the  settlement  of  the  o^ue:?tion  in  the  slight- 


est 

«ft( 

wh 

ed 

«xt 

ne^ 

not 

«d 

Ne 
Ui 
hid 
real 
ish 
of 
be 
al 
I 
tlie 
we 
<liat 
nev 
kee 
«f  1 
aucl 
Th< 
(Mr 
Of  r 
spec 
mat 
righ 
deln 
Ant 
Of  (^ 
thus 
line 

QlOl 

pres 

Chi 

the 

ttep 

us  t 

«d 

no. 

and 

the; 

vir)i 

pro 
Uoii 
bee 


i 


13 

mmedlate  war;  but  «fit  depjree  ?  Has  it  abated  one  jot  of  Britisli  pretension  ?  Are  we  not  now, 
ot  result  in  the  loss  after  iwen'y-eiorht  years  negotiating  under  it,  farther  from  an  agreement  thaji 
rale  our  strength  as  when  we  began?  Has  it  not  erected  thirty  British  forts  in  Oregon,  extend- 
jy  do  both  to  a  sin-  ed  over  it  a  code  of  British  laws,  planted  in  it  a  powerful  British  force,  and 
fleet  in  the  Pacific,  extended  her  influence  there  a  hundred  fold?  And  have  these  things  facilitated 
re  there  no  British  negotiation?  Have  these  things  lessened  British  demands?  Or  htve  they 
ig  home  to  her  the  not  strengthened  them,  day  by  day,  and  year  after  year,  till  they  have  reach- 
which  to  settle  the  «d  their  present  preposterous  height? 

the  Pacific  ?  The  Mr.  Chairman,  I  have  no  hopes,  none  whatever,  from  negotiation, 
esfed  from  us  by  a  Neither  Government  will  offer  what  the  other  will  accept.  There  is  no  use 
lible,sir.  Such  a  in  concealing  this  fact  from  ourselves.  There  is  no  use  in  attempting  to 
I  may  l)e  sagacious  hide  it.  No  American  administration  will  dare  to  ofler  more  than  has  al- 
of  Oregon  is  what  teady  been  offered,  and  no  British  ministry  will  ever  accept  what  the  Brit- 
ish Government  has  four  times  rejected.  I  speak  of  what  will  be  the  course 
3cause  a  refusal  to  of  the  Governments  if  they  do  nothing  but  negotiate.  There  is  nothing  to 
it  an  implication  be  expected  from  negotiation;  and  our  action  ought  not  to  be  influenced  by 
portion  of  Oregon,  a  hope  that  is  altogether  vain  and  illusory. 

er.    So  would  she       I  proceed  now  to  consider  another  objection  that  has  been  made  to  giving 
t  them.     I  do  not  the  notice.     Assuming  that  war.  is  to  be  its  consequence,  gentlemen  say  diat 
sh  such  a  belief  to  we  are  not  prepared  for  such  an  emergency.     I  answer,  in  the  first  place, 
rogance  of  her  de-  <hat  the  assumption  is  altogether  groundless;  and,  in  the  next,  that  war  will 
I  us.     Tiie  sooner  never  find  us  better  prepared  than  we  are  at  this  moment.     We  do  not 
know  that  Oregon  keep  large  standing  armies  in  times  of  peace,  nor  do  we  expend  hundreds 
e  intend  to  possess  €>f  millions  in  preparations  on  a  mere  contingency  of  war.     Such  is  not, 
;ie  longer  will  she  «uch  never  has  been,  and  such  never  will  be,  either  our  practice  or  policy. 
The  gentleman  from  Virginia,  who  addressed  the  connniitee  yesterday, 
ive  the  notice,  be-  (Mr.  Bayly,)  spoke  of  the  miserc.ble  state  of  our  fortifications,  their  want 
well;  that  time  is  Of  repair,  their  lack  of  armament,  and  their  general  bad  conr'ition  ;  and  he 
ement  will  oecure  specified  particularly  the  works  within  his  own  district.     Wr.y,  Mr.  Chair- 
let  well  alone" —  man,  did  it  never  occur  to  the  gentleman  that,  if  we  ought  not  to  assert  our 
on  whose  tomb  it  rights  until  the  Atlantic  coast  be  foifified,  we  ought  for  the  same  reason  to 
)ok  medicine,  and  delay  their  assertion  until  the  rest  of  our  frontier  be  similarly  protected  ? 
And  is  any  one  here  prepared  to  postpone  this  notice  until  a  circumference 
ve  been  given  to  of  8,000  miles  shall  be  studded  with  forts,  until  all  the  frontier  States  shall 
nd  the  treaty  will  thus  be  shielded  from  harm?     Is  the  seaboard,  Mr.  Chairman,  the  only 
who  advance  the  Hne  exposed  to  the  enemy's  attack?    Do  not  Maine,  New  Hampshire,  Ver- 
ht,  to  tell  us  how  Wiont,  New  York,  Ohio,  Michigan, Indiana,  Illinois,  Wisconsin,  and  Iowa, 
le  United  States,  present  a  northern  frontier  still  more  exposed?     And  are  we  to  wait,  Mr. 
'cs  not  the  notice  Chairman,  till  this  long  line,  stretching  from  the  Atlantic  to  the  confines  of 
ous,toher?   Are  the  "far  West,"  be  securely  defended  by  military  works,  before  we  take 
informed  on  this  tteps  to  maintain  our  claims  to  Oregon?     Do  the  people  of  these  States  ask 
!its?    Her  history  us  to  do  it?     Does  Ohio,  within  whose  limits  not  a  dollar  has  been  expend- 
lomher?    There  «d  for  purposes  of  fortification,  desire  such   delay?     No,  Mr.  Chairman, 
tory,  and  that  is.  no.  The  people  of  the  United  States  are  aware  that  their  means  of  defence 
and  power  of  attack  depend  not  on  standing  armies  and  fortified  posts,  and 
It  not  to  close  the   'hey  will  never  ask  us  to  delay  the  assertion  of  national  rights,  or  to  fail  to 
low  is  the  notice   vindic.ite  the  national  honor,  in  order  to  provide  them  with  any  such  shield, 
be  its  ellect?     I        Mr.  Chairman.  I  will  vote  as  cheerfully  as  any  one  here  for  hberal  ap- 
iiliout  war,  will    propriations  to  provide  for  defence,  but  I  am  not  willing  to  delay  the  adop- 
aty  been  to  us  m    t*on  of  the  Oregon  measures  until   miUions  and  tens  of  millions  shall  have 
on  in  the  slight-    been  expended  on  fortifications  that  may  never  be  needed,  or  which,  if 


14 

needed,  "will  be  out  of  repair  again  before  war  come.  I  say,  out  of  r6paii 
again  before  war  come ,  for  what  does  experience  testify  on  this  head  ] 
Whence  arises  the  present  sta'e  of  our  military  works  ?  How  is  it  they 
are  found  in  a  condition  so  deplorably  bad  ?  Is  there  any  answer  to  these 
questions  but  one?  And  what  is  that,  but  that  in  time  of  peace  you  will 
not  burthen  your  treasury  with  even  the  costs  of  repair .'  Millions  are  vo- 
ted occasionally  to  construct  such  works,  and  when  the  money  is  gone  the 
works  are  but  just  begun.  The  expenditure  nuide  has  but  created  a  neces- 
sity for  further  and  greater  expenditure.  The  ordinary  revenue  is  insuffi- 
cient to  nieet  if.  The  country  is  at  peace,  and  Congress  refuses  cxtraordi 
nary  means.  New  appropriations  to  complete  the  works  are  consequently 
denied.  Sums  suflicient  to  preserve  them  are  not  always  voted.  I)ila{)ida- 
tion  and  decay  follow  of  course,  and  it  is  not  till  war  is  reall'.  at  our  door- 
that  preparations  for  resistance  arc  effectively  commenced.  So  Jias  it  al- 
ways been,  and  so  will  it  always  be;  and  it  does  therefore  seem  to  me  tlui' 
it  is  idle  to  talk  of  postponing  action  on  the  subject  of  Oregon,  imtil  fortili 
cations  shall  place  us  in  a  better  state  of  defence.  If  either  Coi/gress  oi 
the  country  entertained  the  belief  that  war  will  be  the  necessary  and  speed} 
ell'ectof  the  jjassage  of  the  measures  we  })rppose  to  adopt,  there  would  b( 
no  hesitancy  whatever  in  preparing  to  meet  it.  A])j>ro{)riations  would  bt 
voted  witliout  a  moment's  delay — voted  in  no  niggard  siuns  and  with  n< 
reluctant  hand,  but  liberally,  freely,  cheerfully  voted.  Neither  the  coun 
try  or  Congress,  however,  entertains  this  belief,  and  not  entertaining  it 
large  military  preparations  will  not  be  made.  They  are  not  reconnnendeo 
by  the  President,  or  by  the  Secretary  of  the  Navy  or  War;  they  are  not  pro 
posed  by  any  commiuee  of  this  House,  or  of  the  other  braudi  of  the  Legis 
lature;  no  member  has  introduced  bills  for  that  object,  and  none  are  likel\ 
to  be  introduced;  and  even  the  bills  that  have  been  brought  in,  little  as  the} 
would  increase  our  regular  force,  and  coinparati\ely  small  as  would  be  tli' 
appropriations  their  passage  would  exact,  are  yet,  it  is  seen,  destined  to  b< 
vigorously  opposed.  To  delay  the  Oregon  measures  in  order  to  fortify,! 
to  postpone  them  to  a  time  indefinitely  remote.  It  is  to  give  thebi  the  go 
bye  for  years  to  come,  and  meet  them  with  the  same  objections  thei 
that  are  urged  against  them  now.  Indeed,  sir,  we  might  almost  a 
well  postpone  them  to  the  period  indicated  by  the  remarks  of  anothe 
gentleman  from  Virginia,  (Mr.  BKuixciEu,)  who  told  us  that  our  coun 
try  is  in  a  state  of  adolescence,  a  youth  that  is  growing  stronger  day  b 
day ;  tiiat  John  Bull,  on  the  contrary,  is  an  old  gentleman,  a  sioui  and 
sturdy  old  man,  it  is  true,  but  one  in  whose  head  the  grey  hairs  begin  t 
appear;  that  after  a  while  he  must  totter  and  fail,  and  then  will  be  our  tini 
to  effectively  strike.  1  trust  that  no  one  is  willing  to  set  so  late  a  day  i. 
that  for  the  assertion  of  our  rights. 

Mr.  Chairman,  of  all  the  strange  reasons  that  this  debate  has  given  utte 
ance  to,  anc,  which  have  been  urged  to  show  that  the  notice  should  not  1 
given,  the  most  extraordinary  was,  doubtless,  one  advanced  by  the  gen\lt 
man  from  Virginia  w4io  sits  on  my  right,  (Sh.  Pendleton,)  and  with 
passing  and  very  brief  notice  of  it,  I  will  have  said  all  that  it  is  my  intei 
tion  to  say.  That  gentleman  told  us,  in  effect,  that  we  ought  not  to  gh 
the  notice,  which  he  considers  a  war  measure,  because  Great  Britain  li 
acted  in  a  manner  so  just  and  honorable  towards  us.  ''Have  we  an  insul 
a  trespass,  or  even  a  menace  to  avenge  ?     Has  our  tlag  been  insullei 


cu 

qu 

sul 

qn 

Te.< 

Br 

Vi 

dn 

tin 

vio 

spe 

alo 

am 

sea 

the 

doi 

an 

pari 

jur! 

con 

to  li 

vasi 

insL 

er,  i 

sho: 

han 

not  I 

coui 

cer 

■\\li( 

Brit 
naii 
"wel 
until 


16 


)f  peace  you  will 
Millions  are  vo- 
oiiey  is  gone  the 
L  created  a  neces- 
livenue  is  insuffi- 
refuses  extraordi 
are  consequently 
koted.  Dilapida- 
;alb.  at  our  door- 


av   out  of  r6pair     our  soil  invaded,  or  our  honor  impeached?"     These  were  the  gentleman's 
on  this  head]     questions,  and  I  understood  him  also  to  ask:  '* Has  Great  Britain  ever  in- 
How  is   it  they     £=idted  our  ilag  that  she  did  not  apologize  or  atone  for  the  insult  ?"    Strange 
answer  to  these     questions  these  to  be  asked  on  the  lloor  of  an  American  Congress,  by  a  rep- 
Tesentaiive  of  American  citizens.     Why.  sir,  British  outrages  on  the  rights, 
Britisli  insults  to  the  tlag,  and  British   impeachment  of  the  honor  of  the 
United  .States,  began  with  the  very  treaty  that  acknowledged  our  indepen- 
dence,, and  have  continued  in  unbroken  succession  down  to   the  present 
time.     Did  she  not  withhold  from  us,  year  after  year,  our  western  posts,  in 
violation  of  that  trijaty,  and  in  despite  of  our  complaints?     Was  not  hert!-'g 
seen  to  doat  over  American  soil,  where  the  banner  of  the  Union  should 
alone  have  been  foimd  ?     Arc  the  days  of  impressment  already  forgotten, 
and  iriust  gentleuK'n  be  told  that  thousands,  yes,  thousands,  of  American 
d      So  has  it  al-    sea  nen  were  torn  from   the  decks  of  American  ■«liips,  taken  from  beneath 
-i  seem  to  me  tha    ^l^*^  American  tlatr,  and  forced  to  fight  the  battles  of  Britain  against  the  free- 
etron    until  fortili-    ^**'"  ttf  the  world  ?     Has  it  already  passed  from  the  memories  of  men  that 
■idler  Coiio^ress  oi    an  American  frigale.  in   time  of  peace,  suspecting  no  danger,  and  unpre- 
essarv  fi'id  speed\   pared  for  defenct;,  vithin  the  very  waters  of  the   United  States,  within  the 
U   there  would  b(  jurl  ,'iction   of  Vii.nnia  herself ,  was  basely  assailed  by  superior  force,  and 
)ri'ations  would  \n   comjielled  to  strike  her  dag  to  a  British  man-of-wai  ?     And  to  come  down 
^mus  and  with  nc  ^^  later,  yea,  to  recent  times,  has  the  gentleman  never  heard  of  British  in- 
\either  the  conn   "^'i^icu  of  American  soil,  of  British  homicide  of  American  citizens,  of  British 
ot  enterlainin"  it   insult  to  the  American  liag?     Has  he  never  heard  tliat  an  American  steam- 
not  reconmiendec  *^'  ?  '"  ^I'e  dead  hour  of  night,  was  lorn  from  her  moorinirs  at  an  American 
•  thev  are  not  pro    shore,  her  crew  assassinated  by  a  British  force,  the  torch  a})plied  l)y  a  British 
aiuhof  the  Legis^^'^'^^') '^iifl  fl'<^  ^^''^ves  niade  to  finish  what  the  sabre   liegan?     Or,  does  he 
Ind  none  are  likeh  ^^^^  know  that  apology  has  never  been  oilered  for  this,  if,  indeed,  apology 
htin   little  as  the\  ct)uld  atone  for  so  transcendent  a  wrong  .^     Does  he  not  know  that  the  offi- 
l  !is  would  be  i\v  ^^^'  ^^"'^s  knighted  who  conunanded  the  troops,  and  the  troops  were  rewarded 
en    destined  to  b.  "^^ho  conmiitted  the  deed  ? 

order  to  fortify,  i       -^^''-  Uhairman,  whatever  reasons  there  may  ^     for  withholding  the  notice;, 
o-ive  theln  the  ^q  British  justice  towards  the  United   States  is  not  among  them.     From  that 
^  obiectious  thei  DJ^ition  we  iiave  heretofore  received  little  else  than  aggression,  and  it  maybe 
miidit   almost   a  "^^'^''1  f^*'"  *'s  to  consider  whether  her  line  of  conduct  will   ever  be  changed 
emarks  of  anodie  until  American  power  shall  be  prompt  to  vindicate  American  rights, 
us  that  our  cour 
J  stronger  day  b;| 
lan ,  a.  stout  and  i| 
rey  hairs  begin  t 
n  will  be  our  tiiu 
et  so  late  a  day  a  4| 

ite  has  given  uttei 
jtice  shoidd  not  1. 
ced  by  the  gentlt 
2T0N,)  and  with 
that  it  is  my  inter 

ought  not  to  gi^ 

(ireat  Britain  li. 
Have  we  an  insul 
tias  been  insullei 


